The Sikkim Aerial Ropeways Act, 2023

The Sikkim Aerial Ropeways Act, 2023

General202341 sections

The Sikkim Aerial Ropeways Act, 2023, establishes a comprehensive legal framework for the construction, operation, and maintenance of aerial ropeways across the state of Sikkim. It mandates strict safety standards, requiring government sanction and regular inspections by appointed experts before any ropeway can open to the public. The Act empowers the State Government to oversee promoters, manage land acquisition, and ensure public safety through no-fault liability provisions for accidents. For citizens, this legislation ensures that ropeway services are regulated, safe, and accountable, providing clear mechanisms for compensation in the event of mishaps or property damage.

  1. 1. Short title, extent and commencement
  2. 2. Definitions
  3. 3. Application for concession
  4. 4. Contents of application
  5. 5. Preliminary investigations
  6. 6. Publication of proposed order authorizing construction and contents of such order
  7. 7. Order
  8. 8. Cessation of powers given by an order
  9. 9. Inspection of aerial ropeways before opening
  10. 10. Appointment of Inspectors
  11. 11. Powers of Inspectors
  12. 12. Expert Committee
  13. 13. Facilities to be afforded to Inspectors and Expert Committee
  14. 14. Authority of promoter to execute works
  15. 15. Temporary entry upon land for repairing or preventing accidents
  16. 16. Removal of obstructions
  17. 17. Order of Collector subject to revision by State Government
  18. 18. Promoter may fix rates
  19. 19. Duty of promoter to work aerial ropeway without partiality
  20. 20. Reporting of accidents
  21. 21. Liability to pay compensation on the principles of no fault
  22. 22. Provided that the amount of compensation payable under any other law, for the death or bodily injury shall be reduced from the amount of compensation payable under this section.
  23. 23. Power to close and reopen aerial ropeways
  24. 24. Cessation of powers of promoter on discontinuance of aerial ropeway
  25. 25. Powers of State Government to remove aerial ropeway on cessation of promoter’s powers
  26. 26. Power of State Government and local authorities to purchase aerial ropeways
  27. 27. Power of promoter to sell when option to purchase not exercised and order revoked by consent
  28. 28. Proceedings in case of inability or insolvency of promoter
  29. 29. Power of promoter to make bye-laws
  30. 30. Provided that no such bye-law shall be so confirmed until it has been previously published by the promoter in such manner as may be prescribed.
  31. 31. Protection of roads, railways, tramways and waterways
  32. 32. Acquisition of land on behalf of a promoter
  33. 33. Notification of claims to refund of overcharges and compensation for losses
  34. 34. Power of State Government to make rules
  35. 35. Power to remove difficulties
  36. 36. Failure of promoter to comply with Act
  37. 37. Unlawfully obstructing promoter’s servant in discharge of his duty
  38. 38. Unlawfully interfering with aerial ropeways
  39. 39. Punishments for acts or attempts tending to endanger safety of persons travelling or being upon aerial ropeways
  40. 40. Arrest for offence against certain sections and procedure thereupon
  41. 41. Savings

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